WININGER v. STATE

No. 1182S416.

454 N.E.2d 860 (1983)

William W. WININGER, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

October 19, 1983.


Attorney(s) appearing for the Case

Patrick S. McSoley, Public Defender of Lawrence County, Bedford, for appellant.

Linley E. Pearson, Atty. Gen., Richard E. Hagenmaier, Deputy Atty. Gen., Indianapolis, for appellee.


PIVARNIK, Justice.

Defendant-appellant William W. Wininger was convicted of Theft, Ind. Code § 35-43-4-2 (Burns Supp. 1982), at the conclusion of a jury trial in Lawrence County Court on April 22, 1982. Wininger was also found to be a habitual offender and was sentenced to thirty-three (33) years imprisonment. He now appeals.

Wininger raises only two issues on appeal, concerning:

1) whether the trial court erred in failing to instruct the jury...

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